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A Commentary


This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.
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Chapter 30: CONCLUSION

Irini Stamatoudi and Paul Torremans


The obvious starting point for a conclusion is that the EU has already dealt with copyright in an extensive way. We currently number eleven Directives and two Regulations. Some years ago, it would have been difficult to imagine that the EU would opt for Regulations unless it wanted to go down the path of a unitary right. Initially, these interventions dealt with new technological developments, such as photographs, software and databases, where it was easier to introduce new legislation compared to an already vastly regulated area. What followed were interventions to iron out existing differences in national copyright rules that risked disturbing the operation of the Single Market. Such examples are the term of protection and the artists’ resale right, which was extended to all EU Member States. A third group of interventions reflects what happened in the international arena. After the conclusion of the TRIPs Agreement there was a real need to equip rightholders and judges with efficient and streamlined tools to enforce copyright. And the WCT and the WPPT needed to be transposed into EU and national law. That was also the case with the Marrakesh Treaty. The fourth group of interventions dealt with on the one hand the need to deal with transparency and accountability in the field of collective management (a field with a number of worrying symptoms in various Member States during a number of years) and the need to attain the Digital Single Market, i.e., to modernize copyright rules.

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